What is the Office of Care and Protection?

What is the Office of Care and Protection?

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The Office of Care and Protection

The Office of Care and Protection (OCP) is within the Family Division of the High Court. It deals with the appointment of Controllers and the management of Patients' financial affairs. A Patient is a person who lacks mental capacity. The OCP also deal with registration of EPA's and overseeing attorney(s) appointed under registered EPA's.

What is the Master of the OCP?

The Master is the judicial officer of the OCP. The Master is authorised to exercise any discretion, power and function of the court. The Master can authorise someone to act in a way that protects the affairs of a patient, such as authorising transfer of money, sale of property or even making a Will.

What the OCP does

If the Master of the OCP is satisfied that there is a need for a Controller to be appointed and has received medical evidence confirming the Patient's incapacity, they will make an Order appointing a controller. The controller will usually be a friend, relative or professional such as a solicitor. If there is no one in a position to act then the OCP can ask the Official Solicitor to act as controller.

The Order will give details of the powers conferred on the controller. Additional Orders or authorities may be issued by the Court from time to time, varying or extending the controller's power.

The OCP doesn't have power to decide health and welfare issues such as medical treatments over a patient.

Why you might need to apply to the OCP

There are a number of reasons why you might need to apply to the OCP for an order to be made. You might want to object to the registration of an EPA, apply to be made a controller or to make some other decision involving an EPA.

The application forms to become a controller are available on the Department of Justice website. See Becoming a controller and How to apply for some guidance to assist you with making the application. Forms relating to an EPA will be available from any solicitor's office, or by contacting the OCP.